Terms and Conditions
Please read these Terms and Conditions carefully. These Terms and Conditions govern the supply, installation, commissioning, maintenance, repair, and related services provided by Absolute Climate Solutions Ltd in connection with heating, ventilation, air conditioning, Building Management Systems (BMS), controls, and associated equipment.
In these Terms and Conditions, “Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession. “Business Client” means any person, firm, company, organisation, or other entity acting in the course of business, trade, craft, or profession.
Where required by law for Consumer contracts, we will provide any additional pre-contract information, notices of cancellation rights, and related information before the contract is concluded. Consumer rights under applicable law are not affected by these Terms and Conditions.
1. Quotations, Orders, and Payment
1.1 Quotations are valid for 30 days from the date of issue unless otherwise stated in writing.
1.2 Unless otherwise stated, all prices are exclusive of VAT.
1.3 Prices are based on costs current at the date of quotation. If there are increases in the cost of equipment, materials, carriage, labour, taxes, duties, or other third-party costs outside our reasonable control before order acceptance or procurement, we reserve the right to revise our price accordingly. Any such revision will be notified before the order is accepted where reasonably practicable.
1.4 No contract shall arise until we receive a written order, email confirmation, signed acceptance, or other written instruction acceptable to us.
1.5 We reserve the right to require an upfront deposit, stage payments, or advance payment for materials or equipment. Where applicable, this will be stated in the quotation or order acknowledgement.
1.6 Unless otherwise agreed in writing, invoices are payable in full within 30 days from the invoice date.
1.7 Late Payment (Business Clients): If any sum due from a Business Client is not paid by the due date, we reserve the right to charge statutory interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 and related legislation, together with any reasonable recovery costs to the extent permitted by law.
1.8 Late Payment (Consumers): If any sum due from a Consumer is not paid by the due date, we may charge interest at 4% above the Bank of England base rate, calculated daily, provided that such charge is fair, proportionate, and does not affect the Consumer’s statutory rights.
1.9 If payment is overdue, we may, acting reasonably and to the extent permitted by law, suspend ongoing works, withhold attendance, delay commissioning, and withhold handover items including software licences, passwords, access credentials, graphics, control strategy files, handover documentation, and warranty attendance until outstanding sums are paid in full. This clause does not affect any non-excludable statutory rights of a Consumer.
1.10 If the client disputes any invoice, the reasons should be notified to us in writing within 7 days of the invoice date where reasonably practicable. This clause does not affect any statutory rights of a Consumer.
2. Cancellations and Cooling-Off Rights
2.1 Consumer cancellation rights: If you are a Consumer and the contract is a distance contract or an off-premises contract, you may have the right to cancel within 14 days without giving any reason, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2.2 To exercise that right, the Consumer must inform us by a clear written statement.
2.3 We will not begin supplying services during the cancellation period unless the Consumer has made an express request for us to do so and, in the case of an off-premises contract, has made that request on a durable medium such as email or paper.
2.4 If the Consumer requests an early start and then cancels during the cancellation period, the Consumer must pay us an amount proportionate to the services supplied up to the time the Consumer informs us of the cancellation.
2.5 If the services are fully performed within the cancellation period, the Consumer will lose the right to cancel only if the Consumer requested early performance and acknowledged in advance that the cancellation right would be lost once the contract had been fully performed.
2.6 The right to cancel may not apply to goods made to the Consumer’s specifications or clearly personalised, or to urgent repair or maintenance visits, except to the extent required by law.
2.7 Business Client cancellations: If a Business Client cancels after equipment or materials have been ordered, the Business Client shall be liable for all costs incurred by us up to the date of cancellation, including equipment costs, supplier cancellation charges, restocking fees, carriage, storage, administration costs, and labour expended.
3. Working Hours and Additional Charges
3.1 Standard working hours are 07:00 to 18:30 Monday to Friday, excluding Bank Holidays, unless otherwise agreed in writing.
3.2 Works requested outside standard working hours, including evenings, nights, weekends, or Bank Holidays, may be subject to additional charges at our applicable premium labour rates.
4. Design Basis and System Limitations
4.1 Heat-load, ventilation, and equipment selections are based upon the information available at the time of survey, quotation, or design, including floor area, expected occupancy, usage, and thermal assumptions.
4.2 Unless specific data is supplied to us in writing, average insulation levels, construction standards, and U-values shall be assumed.
4.3 Any additional heat gains, ventilation demands, occupancy increases, process loads, IT equipment, machinery, lighting, or other thermal influences not disclosed to us in writing before quotation are excluded from our design responsibility.
4.4 Unless expressly stated otherwise in writing, air conditioning systems are designed for comfort cooling only and not for close-control, process, server room, or other critical environmental applications.
4.5 Unless expressly stated otherwise in writing, comfort cooling systems are intended to maintain an internal temperature generally within the range of 18°C to 28°C under normal design conditions.
5. Site Preparation, Access, and Variations
5.1 The client shall ensure the site is ready, safe to access, and compliant with applicable health and safety requirements.
5.2 The client shall provide safe and timely access to all relevant working areas, plant spaces, ceilings, risers, roofs, and service zones as required for us to carry out the works.
5.3 The client shall provide a clear working area and shall protect or remove fragile, valuable, or immovable items. We shall not be responsible for damage to items left in or near the work area that ought reasonably to have been protected or removed.
5.4 Unless specifically itemised in our quotation, mains power supplies, final electrical connections, local isolators, dedicated breakers, and works inside mains distribution equipment are excluded and remain the responsibility of the client and/or their electrical contractor.
5.5 Our quotation assumes the site is free from asbestos and other hazardous materials. If asbestos or any hazardous material is found or suspected, we may stop work immediately. Any resulting delay, additional cost, testing, removal, specialist attendance, and remobilisation shall be chargeable to the client.
5.6 If our works are delayed, disrupted, or made less efficient by the client, other contractors, lack of access, incomplete builder’s works, restricted working hours, repeated attendances, aborted visits, or any cause outside our reasonable control, we reserve the right to recover any resulting additional labour, remobilisation, and associated costs.
6. Title, Risk, and Software Licences
6.1 Risk in all goods, equipment, and materials supplied by us shall pass to the client upon delivery to site.
6.2 The client shall be responsible for the safe storage and insurance of all goods from the time risk passes until title passes.
6.3 Title to all goods, equipment, materials, software, graphics, control files, and related items supplied by us shall remain vested in Absolute Climate Solutions Ltd until all sums due to us have been paid in full.
6.4 Until title passes, the client shall keep the goods identifiable as our property and shall not sell, transfer, pledge, charge, or otherwise dispose of them.
6.5 If payment is not received when due, we may, on reasonable notice, at a reasonable time, and where legally permitted, enter the premises to inspect, identify, or recover goods to which title has not passed, without prejudice to any other rights or remedies available to us.
6.6 All software, control logic, graphics, licence rights, passwords, access credentials, and documentation created or supplied by us remain our property or are supplied subject to a revocable licence until all monies due are paid in full.
7. Commissioning and Handover
7.1 Commissioning and handover shall be deemed to occur when the system, installation, or relevant part of it has been tested and demonstrated as substantially complete and operational for its intended purpose, notwithstanding the existence of minor defects or omissions that do not materially affect operation.
7.2 Minor defects, snagging items, documentation outstanding, or seasonal commissioning items shall not entitle the client to withhold payment for completed works.
8. Warranty and Maintenance
8.1 Subject to these Terms and Conditions, installations carried out by us are warranted for a period of 12 months from the date of commissioning and handover against failure caused by defective workmanship or defective equipment supplied by us.
8.2 Any warranty given by us is conditional upon: (a) all invoices relating to the works having been paid in full; (b) the system being properly used and operated; (c) the equipment receiving regular, documented preventative maintenance by a suitably qualified engineer in accordance with manufacturer recommendations; and (d) no unauthorised interference, alteration, adjustment, or repair having taken place.
8.3 Our warranty obligations are limited to repair or replacement, at our option, of defective workmanship or defective equipment supplied by us.
8.4 The warranty does not cover faults or damage arising from misuse, neglect, accidental damage, malicious damage, vandalism, power failure, power surges, contaminated electrical supply, water ingress, freezing, corrosion, lack of maintenance, dirty filters, blocked coils, environmental conditions, third-party interference, or items not supplied or installed by us.
8.5 Any warranty offered by us is in addition to, and does not affect, a Consumer’s statutory rights under applicable consumer law.
8.6 Manufacturer warranties and extended warranties: Where equipment supplied by us is covered by a manufacturer’s warranty or guarantee, that warranty or guarantee is provided by the manufacturer and is subject to the manufacturer’s own terms, conditions, exclusions, claim procedures, registration requirements, and servicing or maintenance requirements. Where a manufacturer offers an extended warranty, eligibility may depend upon product registration, commissioning records, the use of approved installers or service providers, and regular servicing in accordance with the manufacturer’s requirements. Unless expressly stated otherwise in writing, we do not independently warrant that any manufacturer’s extended warranty will apply, be accepted, or remain valid, and it is the client’s responsibility to comply with any manufacturer requirements necessary to obtain or maintain such cover. Any manufacturer warranty or guarantee is separate from, and does not replace, the client’s rights against us in respect of goods supplied and services carried out by us. If the client is a Consumer, any manufacturer warranty or guarantee is in addition to, and does not affect, the client’s statutory rights.
9. General Exclusions
Unless specifically itemised in our quotation, the following are excluded from our scope of works:
- Major building works, structural alterations, builders’ works, redecorating, and making-good.
- Core drilling over 100mm diameter.
- Crane hire, scaffolding, lifting equipment, traffic management, road closures, or specialist access equipment over 3 metres.
- Landlord approvals, planning permission, listed building consent, building control approval, local authority approvals, or similar third-party consents.
- Performance bonds, collateral warranties, parent company guarantees, or bespoke contractual amendments unless specifically agreed in writing.
- Shift working, continuous working, or phased working unless expressly stated and priced.
10. Limitation of Liability and Statutory Rights
10.1 Nothing in these Terms and Conditions excludes or limits any liability which cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
10.2 If you are a Consumer, nothing in these Terms and Conditions affects your statutory rights under the Consumer Rights Act 2015 or other applicable consumer law.
10.3 If you are a Business Client, we shall not be liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of contracts, loss of opportunity, loss of goodwill, or loss of data.
10.4 Subject to clause 10.1, our total aggregate liability to a Business Client arising out of or in connection with the contract, whether in contract, tort, negligence, breach of statutory duty, or otherwise, shall not exceed the total value of the relevant order or contract.
10.5 We shall not be liable for delay or failure to perform our obligations where caused by events outside our reasonable control, including but not limited to extreme weather, strikes, labour shortages, supply chain disruption, delayed deliveries, power failure, civil disturbance, or acts or omissions of third parties.
11. Governing Law and Jurisdiction
11.1 These Terms and Conditions and any contract to which they apply shall be governed by and construed in accordance with the laws of England and Wales.
11.2 The courts of England and Wales shall have exclusive jurisdiction to determine any dispute or claim arising out of or in connection with these Terms and Conditions or any contract incorporating them.
Absolute Climate Solutions Ltd — Company Registration Number: 10058096 — VAT Number: 238547285
For any queries, please contact us at web.enquiries@absoluteclimatesolutions.co.uk or call 01993 778653.